THE date has been set to hear whether former president Jacob Zuma is eligible to go to Parliament.
The Constitutional Court, in its directions to affected parties, stated that the appeal by the Independent Electoral Commission’s (IEC) urgent appeal against the Electoral Court order which allowed Zuma to remain on the uMkhonto Wesizwe (MK) party list will be heard on Friday, 10 May.
The IEC was told to file all its papers on or before Wednesday, 1 May, while Zuma and his party must file their answering affidavits on or before Friday, 3 May.
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The directions further read:
The commission turned to the apex court to seek clarification on the Electoral Court's decision to allow Zuma back on the ballot paper.
Zuma, who is the face of the MK party’s election campaign, had been excluded from the list because there was an objection against him.
The Electoral Court recently supported Zuma's challenge to his disqualification under Section 47(1)(e), finding that the commission mistakenly applied this section to Zuma, given his 15-month sentence was final.
In 2021, Zuma received a 15-month sentence for contempt of court, having ignored an order to appear at a corruption inquiry related to his presidency.
Subsequently, in 2023, President Cyril Ramaphosa granted remission to Zuma and 9 487 other prisoners serving sentences of less than two years for non-violent offences, shortening their sentences.
According to Section 47, no person convicted for more than 12 months, without the option of a fine, is allowed to hold public office.
The IEC took the matter to the highest court on land because it believed there was substantial public interest in providing certainty on the proper interpretation of Section 47(1)(e) and its interplay with the powers of the commission to adjudicate objections to candidates.
The commission said such clarity was important in the present matter because of the current issue and for future elections.
